Apple’s Petition Challenging Class Certification in MacBook Keyboard Lawsuit Denied

The United States Court of Appeals for the Ninth Circuit on October 12, 2021 denied Apple’s petition to appeal the district court’s class certification order, clearing the way for a class action trial over allegedly defective butterfly keyboards in MacBook laptop computers sold from 2015 to 2019.

The plaintiffs obtained class certification in March 2021. The lawsuit alleges that Apple’s ultra-thin butterfly keyboards on certain MacBook models are prone to fail. Simon Grille leads the litigation for Girard Sharp as interim co-lead counsel for the plaintiffs.

In certifying the class, the district court reasoned in part that “[n]one of the design differences that Apple points to changed the tight spaces between the keys, nor the low-travel aspect of the design” that Plaintiffs contend account for the widespread failures. The court also noted that “Plaintiffs point to numerous internal Apple documents and statements of Apple engineers to support their allegation that the low-travel design is fundamentally defective.”

See here for more about the MacBook butterfly keyboard lawsuit.

If you purchased a MacBook in or after 2015, or a MacBook Pro in or after 2016, this class action lawsuit may affect you. To join our mailing list and receive updates about the case, please click here to complete our short online survey and follow us @GirardSharp on Twitter.

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